Legal Question in Employment Law in Florida

I was receiving unemployment compensation from March 2008 until the present as my employer went out business. I was hired by another company and worked there for approximately 2 to 3 days at the end of September 2009. I had to quit my newly found part time job (10 to 20 hours per week) due to a family emergency, where my daughter was arrested and I was needed to take care of my grandchild, aged 19 months. This all happened suddenly and I did let unemployment compensation know through the option on the internet site as you file your weeks. I received a call a few weeks ago from a woman from unemployment who said I would be contacted by the "fraud deparment" to recoup money. She asked me questions like, "where was I right now" and if I was caring for the child, how could I be looking for a job"? I told her that I continued to send out resumes anticipating being able to return to the workforce. They are wanting to take back several paychecks and I have filed an appeal. Of course they told me to continue to file my weeks during this appeal process! Which sounds scary to me! I will end up having a phone hearing and if it is anything like the phone "inquisition" I received when she called, it makes my stomach turn. She said if you are out of state taking care of the child you can't be looking for a job. I responded that the internet makes that possible. Please tell me if I should just buckle now and cancel the appeal? I realize that possibly I should have "reopened" an existing claim as one of the options presented me, but that is all hindsight now. I would appreciate any advice you could give me. Thanks


Asked on 11/10/09, 11:46 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You need to be actively seeking employment. Just sending out resumes on the internet from a state distant from your home may not satisfy that requirement. On the fact of this it looks like you have left the state to perform child care duties for your daughter, which does not sound like you are looking for work here. If you attend the hearing, you may want to let them know when you will be returning to look for work more aggressively. It does not sound like fraud, but I think you are at risk of losing the benefits.

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Answered on 11/15/09, 11:57 am
Sarah Grosse Sarah Grosse, Esquire

When you claim your weeks, you are required to answer the question "if work had been offered to you, were you able to work." The answer to that question would truly be "no" if you are in another state and unable to even go to an interview in FL. If you answered "yes", and it is not true, the agency may ask for the money back, in addition to denying future benefits. You can do whatever you want with your appeal, but the agency will proceed against you anyway.

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Answered on 11/15/09, 12:35 pm


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